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The Contract |
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The rent agreement can be made verbally, although it is advisable to formalise it in writing. Moreover, in Spain, as is the case for sale and purchase, both parties can bind each other mutually to formalise the rent contract for housing properties in writing. There are some official forms which require the payment of the corresponding tax, if the contract is not subject to VAT. Seasonal rents are considered to be "rents for uses other than those of a permanent residence" and are governed, except for some very specific points (obligation of payment of deposit, formalisation of contract and renting processes) by the agreements freely established by both sides, the landlord and the tenant. The following should be made clear in the contract:
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Although the regulation of Tourism is currently under the control of the Autonomous Communities (for maximum security, it would be advisable to find out about the norms in force in the Autonomous Community in which the property is to be rented-see directory), it is normal for the renting of tourist appartments to include the cost of services and utility supply contracts. Moreover, the formalisation of the contract must carry the right to the use of shared areas (swimming-pool, solarium,etc.). Nevertheless, this should be clearly stated in the contract. It is not advisable to pay the total cost of the rent in advance. Rather, a booking fee may be paid, thus guaranteeing greater freedom of decision in case the appartment or property rented does not correspond with the one offered. It is highly advisable that the renter and the tenant shoud sign an inventory listing all the furniture in the property, and its condition, and the electrical appliances and their condition, specifying who is to pay for any repair. This inventory can be incorporated as an annex to the contract, forming part of the contract itself, and should be signed by both parties. In Spanish Law, it is compulsory for the tenant to hand over two month's rent as a deposit. The deposit must be returned on completion of the contract and is intended to pay for any damage or deterioration of the property.
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